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You must tolerate negative statements about your company to a certain extent — fair criticism falls under freedom of speech. However, untrue, libelous, or unnecessarily offensive statements can be unlawful (and sometimes punishable as slander or libel). In such cases, you can demand removal, rectification, and damages.
Criticism is allowed, but slander is not always
Anyone may express an honest, fact-based opinion about your company, products, or services; this falls under freedom of expression. Therefore, you cannot silence every negative reviewer. The line is drawn at statements that are untrue, unnecessarily offensive, or misleading.
When is a statement unlawful?
A statement may be unlawful (Article 6:162 of the Dutch Civil Code) if it is factually incorrect, makes a frivolous accusation, or is needlessly offensive, and thereby damages your reputation. The judge always weighs freedom of expression against your interest in the protection of your honor and good name. The more serious and unfounded the accusation, the more likely it is to be deemed unlawful.
Defamation, slander, and competitors
Deliberately untrue or harmful statements can also be punishable as defamation or slander. If the statement comes from a competitor, the rules regarding (comparative) advertising and deception may also apply: a competitor may not belittle your company or blacken its reputation with incorrect comparisons.
What can you do?
Respond professionally to ordinary criticism. In the case of an unlawful statement, you can send a formal demand to the poster, require removal and rectification, and, if necessary, claim damages through the courts. First, document the statement with screenshots and the date.
Frequently Asked Questions
Is it okay for someone to be negative about my company?
Honest, fact-based criticism is permitted. Untrue, defamatory, or unnecessarily offensive statements can be unlawful or even a criminal offense.
What can I do about an unlawful statement?
Issue a formal demand, require removal and rectification, and, if necessary, claim damages. First, document the statement.
Does anything special count if a competitor does it?
Yes, then the rules regarding comparative advertising and misleading advertising also apply: belittling or slandering with inaccuracies is not permitted.
Bothered by unlawful statements?
Our legal experts take action against defamation, libel, and unlawful advertising. View our marketing and advertising lawteam, our legal assistance, or schedule a free consultation.
